Vom Wirtschaftsgeist in Amerika

Responsible government in the Dominions (Vol. 1)

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Monograph

Identifikator:: 1748646508

URN:: urn:nbn:de:zbw-retromon-122686

Document type:: Monograph

Author:: Rühl, Alfred http://d-nb.info/gnd/118750267

Title:: Vom Wirtschaftsgeist in Amerika

Place of publication:: Leipzig

Publisher:: Quelle & Meyer

Year of publication:: 1927

Scope:: IX, 122 S

Digitisation:: 2021

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: II. Die Bewertung der Wirtschaft innerhalb der Gesamtkultur

Collection:: Economics Books

cap. 111] THE GOVERNOR AND MINISTERS 171 by a majority of four judges to two, and accordingly an appeal was brought to the Privy Council, which decided that an alien had no legal right enforceable by action to enter Victoria, and therefore reversed the judgement of the Court below! They also held that on the terms of the Act of 1881 regarding Chinese immigration the plaintiff had no case, for there was no obligation on the Collector of Customs to accept the money tendered when the ship had clearly violated the law by bringing more than the legal number— 1 to 100 tons—of Chinese. But the points dealt with by the Chief Justice, which alone were of supreme interest to him, were not decided by the Judicial Committee. Now there is much to be said for many of the contentions of the Chief Justice. In the first place, he was right in pointing out that part of the royal instructions contained matters too trivial to be included in instructions to a Gover- nor. Moreover, they were not matters which he was really competent to decide. So advantage was taken of his advice to revise in 1892 the royal instructions to the Governors of the Australasian Colonies and also of Newfoundland, though the instructions were conveyed in a slightly different form in the shape of a dispatch. Moreover, the insistence laid by the Chief Justice on the fact that the Governor possesses the whole executive power of the Crown so far as is necessary for a Colonial Government is just and proper? But it seems impossible to maintain the position that the Governor is a parallel to the Sovereign in constitutional monarchy, and that therefore he is obliged to act on the advice of his ministers in the same sense as that in which the King of the United Kingdom acts on the advice of his ministers. Nor is it possible to maintain the sharp distinction which the Chief Justice drew between the actions of the Governor a8 head of the Colonial Government and as an Imperial ' Musgrove v. Chun Teeong Toy, [1891] A. C. 272. * Cf 220. R. 222; 19 O. A. R. 31; Harrison Moore, Commonwealth of Australia,® pp. 300 seq.; Lefroy, Law Quarterly Review, 1899, p. 283; Ontario Sess, Pap., 1888, No. 37, pp. 20-2; Clark, Australian Constilu- tional Law, pp. 63-5.

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